Judgment_paragraph 28 · European Parliament v Council of the European Union (C-187/93)

28The fact that the Regulation replaces another act which was based on Article 100 of the Treaty, relating to the approximation of the laws of the Member States having a direct bearing on the establishment or functioning of the common market, does not necessarily mean that the Regulation must have recourse to Article 100 or Article 100a, which was introduced into the Treaty by the Single European Act and which provides for the adoption of measures for the approximation of the laws of the Member States which have as their object the establishment and functioning of the internal market (see, as regards Article 235 of the Treaty, Case 165/87 Commission v Council [1988] ECR 5545, paragraph 17). The legal basis for an act must be determined having regard to its own aim and content.

European Parliament v Council of the European Union (C-187/93)

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